
Class_ r \b-^— 
Book v_r-J4 — 






THE 



f(/qRRI5BURQ QOMYENTION 



OF [766. 



THE 

ORIGIN, PURPOSE AND RESULT 

OF THE 

HARRISBURG CONVENTION OF 1788. 




A 
STUDY IN POPULAR GOVERNMENT 

BY 

PAUL LEICESTER FORD. 



"In our Government the real power lies in the majority of the com- 
munity and the invasion of . . . rights is chiefly to be apprehended, not 
from the acts of Government contrary to the sense of its constituents, but 
from the acts in which the Government is the mere instiniment of the major 
number of the constituents." — Madison. 



BROOKIvYN, N. Y. 

1890. 






250 Copies Printed. 

No. ./-T.. 




In spite of the universal acceptance of majority rule 
as the basis and inherent principle of all government 
in the United States, there have been few instances in 
our history when this power has been able to govern 
according to its inclination. From the earliest period, 
both our laws and their administration have been for 
the most part a series of compromises between the 
majority and the minority; and the few attempts actu- 
ally made by the former to govern the latter with a 
high hand, have usually resulted either in a secession 
of the minority or in a reaction which reversed or 
moderated the policy of our plastic and changing ruler. 

No better illustration of this forced concession of 
the dominant party, to the will of the minority, is to 
be found, than in the history of the ratifications by the 
states, of our national constitution. The necessity for 
union in Delaware, Georgia, New Jersey, and Connec- 
ticut, was so strong that practically there was unani- 
mity in the conventions of those states. In the states 
of Massachusetts, South Carolina, New Hampshire, 
Virginia, and New York, the ratifications were only 
carried after mutual concessions. In the Maryland 

(3) convention. 



4 

convention, though the vote for adoption was over five 
to one, the majority so far yielded to the wishes of the 
minority as to appoint a committee to prepare amend- 
ments, and only refused to carry out this compromise, 
when an ulterior motive was discovered. Thus in 
Pennsylvania alone did the Federal majority refuse 
concessions to the anti-Federal minority; and the re- 
sulting action of the minority is of value as a study 
in popular government. 

The interests of the populous part of Pennsylvania 
made the state in favor of federal union, and to this 
natural advantage was added the influence of her 
ablest men, as well as the possession of a majority in 
favor of union in the legislature. This latter advan- 
tage enabled the Federalist party to act before the 
opposition, whose strength lay in the agricultural and 
western counties, could plan and organize their resist- 
ance. Yet in the state, at least three causes existed 
to produce an obstinate opposition. 

I. The so called Constitutional party, or those who 
favored the constitution under which the state was 
then governed, were firmly seated in the council, 
which was not merely the state executive, but had 
control of* all the state patronage. It therefore dreaded 
any change which would either risk its supremacy, 

or 



5 

or lessen the offices and powers of the state govern- 
ment. 

II. A fear in the agricultural population, that a na- 
tional government would not merely bring an increase 
of taxation, but would, by its power over commerce, 
unduly raise the price of commodities, and favor the 
merchant and trading classes who then formed the 
leading element of our cities, and whom the rural 
populations regarded as "blood-suckers," living off 
the farming interest. 

III. A suspicion, on the part of the counties west 
of the Alleghanies, that the treaty power of Congress 
would be used to bargain the navigation of the Mis- 
sissippi for commercial privileges advantageous to the 
coast states; and an equal fear, on the part of certain 
vested institutions, that this same power would be em- 
ployed to take from them and restore to their original 
owners, the properties declared forfeited from the loy- 
alists during the revolutionary war.* 



* It is only fair to state that Prof. McMaster and Mr. Stone, in their 
admirable work, Pennsylvania and the Federal Constitution, find the 
cause of this opposition in the fact that " the constitution proposed for 
the United States was in many ways the direct opposite of the consti- 
tution of Pennsylvania. ... In opposing the new plan these men 
simply opposed a system of government which, if adopted, would force 

That 



6 

That this opposition took different grounds in the 
public discussion, was really a matter of necessity. 
Powerful though these motives were, they were too 
mercenary to publicly appeal to the people on. Ex- 
cept for the question of taxation, they are not even 
mentioned in the lengthy discussions in the legislature 
and the convention, nor in the newspaper arguments 
with which the press teemed for nearly a twelve- 
month. The lack of a bill of rights; of a guarantee 
of trial by jury, and liberty of the press ; the dangers 
arising from the federal courts; the great expenses of 
the proposed government, and the resulting heavy 
taxation; and, finally, the eventual destruction of the 
state governments, with a consequent loss if not anni- 
hilation of personal liberty — these were the phanta- 
sies with which the " Antis " sought to raise the people 
against its adoption. 

That this opposition came from very different causes 

them to undo a piece of work done with great labor and beheld with 
great pride and satisfaction." But I can see no more necessity of their 
undoing llieir state constitution than there was for Georgia, which had 
much the same government ; and am convinced that so bitter and de- 
termined an opposition could not have, in so short a time, arisen on 
such abstract questions as the singleness or plurality of the legislative 
and executive powers. 

than 



7 

than these ostensible ones, is proved by its first orga- 
nization. Before the constitution was even made 
pubh"c or its clauses known, a meeting had been held 
at Judge George Bryan's, in Philadelphia, to concert 
measures of opposition, and the knowledge of this was 
unquestionably one reason why the Federalists treated 
their opponents' reasonings and wishes with so little 
regard, and adopted what a leading Anti-federalist 
termed their "system of precipitancy."* 

The legislature, with its Federal majority, aided by 
the citizens of Philadelphia, who were even more 
Federal in sentiment, passed resolutions for an early 
convention, without listening to the protests of the 
minority. As a consequence, the latter drew up and 
published an " Address," and at once began an attack 
not merely on the constitution, but a personal one on 
its framers and advocates. But they fought at a dis- 
advantage, for their strength, as already stated, lay in 
the western and agricultural counties, and communi- 
cation was too slow to enable them to organize and 
win converts in the short time given them before the 
elections for the members of the convention. 

As a result of this unfairness, so the Anti-federalists 

*John Smilie. 

claimed, 



8 

claimed, only a trifle over one-sixth of those qualified, 
voted on the candidates for the convention,* of whom 
the Federalists elected forty-six and the Antis twenty- 
three. When the convention assembled, therefore, it 
was with the full belief on the part of the opposition, 
that it did not represent " the voice of the people of 
Pennsylvania,"t and they plead for an adjournment 
which would give time for public opinion to declare 
itself. Defeated in this, they next adopted the tactics 
of speaking against time, and practiced it so success- 
fully that three of them were accused of having cost 
the state one thousand pounds in discussing the words 

* " The election for members of the Convention was held at so early 
a period, and the want of information was so great, that some of us did 
not know of it until it was over, and we have reason to believe that 
great numbers of the people of Pennsylvania have not yet had an op- 
portunity of sufficiently examining the proposed Constitution. . . . On 
examining the number of votes given for members of the present State 
convention, we find that of upwards of seventy thousand freemen who 
are entitled to vote in Pennsylvania, the whole convention has been 
elected by thirteen thousand voters, and though two-thirds of the mem- 
bers of the convention have thought proper to ratify the proposed Con- 
stitution, yet these two-thirds were elected by the votes of only six 
thousand atid eight hundred freemen." — Address and Reasons of 
Dissent of the Minority of the Convention of the State of Pennsyl- 
vania to their Constituents, 

f John Smilie. 

"annihilation" 



9 

" annihilation " and " consolidation."* Finally the ma- 
jority gave up trying to placate them and voted to 
ratify, even refusing to allow the minority to enter a 
protest on the minutes. 

In another way, too, the Federalists increased the 
bitterness of their opponents. Of the eleven papers 
then published in the state, but three were printed 
outside of Philadelphia, and they had but limited 
circulation. On the Philadelphia papers, therefore, 
were the Anti-federalists compelled to depend for 
the publication of their views, but these were not 
only, with but two exceptions, under Federalist views, 
but all found the bulk of their readers in town, where 
the popular feeling, as expressed by the vote, was 
nearly eight to one for the constitution. The Fed- 
eralists, therefore, by threats, b)^ withdrawing their 
subscriptions, and by other methods, endeavored, and 
to a certain extent succeeded, in closing these papers 
to the opposition, and secured the suppression of the 
debates of the convention, except what they chose 
should be printed. So also, by bribery of the post- 
boys, the Anti-federal newspapers from other states 
were largely excluded, and so knowledge of the 
opposition elsewhere kept from them. 

* Pennsylvania Gazette, Dec. 19, 1787. 

Refused 



lO 

Refused all concessions by what they deemed a 
minority, bound to a government by acts which they 
claimed were " irregular," with press and mail under 
the influence of their enemies, the so-called minority 
saw clearly that their opposition must adopt new 
methods of warfare. The ratification by the conven- 
tion was final so far as regarded legal acts ; but they 
claimed that the Federalists had instituted what 
amounted to a revolution, and so probably justified 
their own acts to themselves, if they even deemed jus- 
tification necessary. 

The convention dissolved on December 13th, and 
five days after, twenty-one of the twenty-three mem- 
bers of the minority of the convention united in sign- 
ing and publishing: Art Address a7id Reasons of 
Dissent of the Minority of the Convention of the State 
of Pennsylvania to their Constituents.^ Colored, if 
not drafted by Richard Henry Lee, of Virginia, it 
was intended to present in small compass all the Anti- 
federal objections both to the Federal convention, the 
constitution, and the Pennsylvania convention. 

But the chief value of this address is not the objec- 
tions to the constitution, but in the position its publi- 

* Printed as a broad sheet, Dec. 18, 1787. 

cation 



II 



cation placed the minority — a position which has been 
most strangely overlooked by every historian who has 
written of the matter. The battle was over, and ap- 
parently irrevocably lost, yet the Anti-Federalists 
were crying aloud to the people of the state : 

" It remains with you whether you will think those 
inestimable privileges, which you have so ably con- 
tended for, should be sacrificed at the shrine of despot- 
ism, or whether you mean to contend for them with 
the same spirit that has so often baffled the attempts 
of an aristocratic faction to rivet the shackles of slavery 
on you and your unborn posterity." 

This amounted to a notice by the "Antis" that op- 
position had not and was not to cease. Yet any appeal 
now to the people could only mean either an attempt 
to secure a new convention, which should reverse the 
action of the former one, with the danger that the new 
government would not recognize such an act, or an 
opposition that threatened to take unconstitutional 
steps towards preventing the union of Pennsylvania 
with the other states under the proposed system. 

Strangely enough, in spite of this formidable out- 
look, the press of the period remained absolutely 
silent. No warning note of the new battle this 
address gave notice of, was sounded publicly. But 

that 



12 

that the Federalists quickly realized that an ill-gained 
battle in popular government must soon be fought 
over again, is shown by a letter of Benjamin Rush,* 
who but two months earlier had been one of the most 
uncompromising and extreme leaders for the "system 
of precipitancy," and which read as follows: 

... It is now generally agreed that if we had not 
been so hasty in our determination, the opposition 
would have been less violent. Already the ill effects 
are manifest, and a united effort is to be apprehended, 
which may give a different character to the proceed- 
ings. The counties in the western part of the state 
are most to be feared, for the Connecticut claimants 
are opposed to any government, and many of the in- 
habitants fear so much the action of the new govern- 
ment concerning the subject most interesting to our '' 
settlements on the Ohio, that they are disposed to cast 
in their lot with them. . . . 

But for the season of the year, which precluded or- 
ganization, the Federalists would have had more 
cause for worry; but fortunately for them, the mail 
could not be trusted, and all other communication 
was so poor and uncertain that the frost must be out 
of the ground before this opposition could more than 
arrange its plans in Philadelphia. 

* To Hugh Williamson, Feb. i6, 1788. 

And 



13 

And what were these plans? The sole light I have 
been able to find on them, is given in a letter* of 
Judge George Bryan, the great head and fi-ont of the 
Anti-Federalists in Pennsylvania, to George Clinton, 
Governor of New York. Calling first for a united 
opposition to the constitution, he then writes : 

. . . As soon as the Season permit, we plan to hold 
at some convenient point a Meeting of Delegates who 
shall decide how far the Majority of the People of this 
State are to abide by the decision of the violent and 
tyranus [sic] Minority. Our action will much depend 
on the Complexion of the Acts of those States which 
we look to to hold up the Standard of Liberty — and 
I must beg that you will write me, by Mr. Aldis, who 
returns to this City shortly, of the probable action of 
your State, and that you will keep me informed of 
any change in Sentiment. . . . 

When this letter was written, the snow lay on the 
ground, and the news of the ratification by Massachu- 
setts had not reached Philadelphia. But four statesf 
besides Pennsylvania had ratified, and none of them 
were important. It was confidently believed by the 
Anti-Federalists that Virginia and New York would 

*Feb. 9, 1788. 

j- Delaware, New Jersey, Georgia and Connecticut. 

reject 



14 

reject the constitution. With their moral support, the 
Pennsylvania Anti-Federahsts clearly believed it still 
possible to prevent her union with the remaining 
states. 

For over four months the project remained quiescent, 
so far as I have been able to discover. It is true that 
"Centinel" and "Philadelphiensis" * still continued to 
attack Federal measures and men through the press, 
striving to make both odious to the people; but during 
that period nothing of the proposed convention is 
discoverable, unless the mention in the hereinafter 
printed letter to the "Societies in Each County as 
have already been formed for Political Purposes," can 
be treated as such f — a delay as unaccountable, as it 
was fatal, to any project involving what was clearly 
wished for by those who planned it. For in that 
period five important states J gave their consent to the 

* The letters of " Centinel " were, by his own statement, written by 
Samuel Bryan, son of the George Bryan who figures so prominently in 
this whole movement, and unquestionably therefore represent his 
father's views. Those signed " Philadelphiensis " were written by 
Benjamin Workman, a tutor in the University of Pennsylvania, one of 
those vested institutions already alluded to. 

f See infra, page 19 c. 

^ Massachusetts, Maryland, South Carolina, New Hampshire, and 
Virginia. 

new 



15 
new government, making its organization a certainty, 
and a resistance to it treason. 

Finally, in July, the work of the "Anti-Federal 
Junto " in Philadelphia first became obvious in Cum- 
berland county. One of the central counties, it had 
early distinguished itself by sending to the Pennsyl- 
vania convention petitions signed by some seven hun- 
dred and fifty inhabitants against the constitution ; and 
for these two reasons was presumably selected by the 
Philadelphia workers for the inauguration of their 
schemes. To various well known Anti-Federalists 
throughout the state a circular letter with enclosures 
was sent, which read as follows : 

East Pennsborough, Cumberland, 
July 3, 1788. 
Sir: That ten states have already unexpectedly, 
without amending, ratified the constitution proposed 
for the government of these United States, cannot 
have escaped the notice of the friends of liberty. That 
the way is prepared for the full organization of the 
government, with all its foreseen and consequent dan- 
gers, is too evident, and unless prudent steps be taken 
to combine the friends to amendments in some plan in 
which they can confidently draw together, and exert 
their power in unison, the liberty of the American 
citizens must lie at the discretion of Congress, and 

most 



i6 

most probably posterity become slaves to the officers 
of government. 

The means adopted and proposed by a meeting of 
delegates from the townships of this county for pre- 
venting the alleged evils, and also the calamities of a 
civil war, are, as may be observed in perusing the pro- 
ceedings of the said meeting herewith transmitted, to 
request such persons as shall be judged fit within the 
counties respectively, to use their influence to obtain a 
meeting of delegates from each township, to take into 
consideration the necessity of amending the constitu- 
tion of these United States, and for that purpose to 
nominate and appoint a number of delegates to repre- 
sent the county in a general conference of the counties 
of this commonwealth, to be held at Harrisburg on the 
third day of September next, then and there to devise 
such amendments, and such mode of obtaining them, 
as in the wisdom of the delegates shall be judged most 
satisfactory and expedient. 

A law will, no doubt, be soon enacted by the Gen- 
eral Assembly for electing eight members to represent 
this State in the new Congress. It will, therefore, be 
expedient to have proper persons put in nomination 
by the delegates in conference, being the most likely 
method of directing the voices of the electors to the 
same object and of obtaining the desired end. 

The Society, of which you are chairman, is requested 
to call a meeting agreeable to the foregoing designs, 
and lay before the delegates the proceedings of this 

county, 



17 

county, to the intent that the State may unite in cast- 
ing off the yoke of slavery, and once more estabHsh 
union and hberty. 

By order of the meeting, I am, with real esteem, sir, 
Your most obedient servant, 

BENJAMIN BLYTH, Chairman.'' 



Cumberland County, 
July 3d, 1788. 
Dr. Sir : You are Earnestly requested to call a meet- 
ing of some of the best informed men of your County 
from Each Township with Design to consider of the 
necessity of sending Delegates from the Countys to 
Represent you in a General Conference of the State in 
Order to conclude upon such Amendments and such 
mode of Obtaining them as the Conference in their 
wisdom may Judge Proper the time and place of Meet- 
ing is, as you will see by our Resolutions the necessity 
of the measure need not be urged. Confiding in your 
Friendship & Integrity we hope you will Exert your- 
self for the good of Mankind. 

BENJ'N BLYTH, C. M. 



At Mr. James Bell's . 

In a meeting of Delegates from the Several Town- 
ships of the Beforesaid County Benj'n Blyth — in the 
chair, called for the purpose of advising the most eli- 

* From Pennsylvania and the Federal Convention, p. 552. 

gible 



i8 

gible mode of obtaining such Amendments in the Con- 
stitution proposed by the General Convention for the 
Government of these United States as may remove the 
causes of jealousy and fear of a Tyranical Aristocracy, 
the foundation of which appears to be in many parts 
of the said Constitution, and Secure and hand Down 
to Posterity the Blessings of Dear bought Freedom ; 
and thereby most cordially engage each State and 
Every Citizen, not only for wrath but Conscience sake, 
to aid and support the officers of the Government in 
the due Executive thereof; after seriously considering 
the importance of the subject and the Duty of Citi- 
zens ; have come to the following Resolutions, viz.: 
Resolved, that it is the opinion of this meeting that 
the Constitution proposed by the General Convention 
of the United States is in several parts Destructive of 
that Liberty for which so much blood and Treasure 
has been spent, and Subversion of the Several State 
Governments by which the Rights and Liberties of the 
People have been guarded and secured. That it is the 
Indispensable Duty of Every Citizen to use all the 
lawfull means to obtain such Amendments in the said 
Constitution or take such measures as shall be neces- 
sary for the Security of Religion and Liberty. — Re- 
solved, that it is the opinion of the members of this 
meeting that it will be Expedient to Collect as Soon 
and as Accurately as Possible the Sentiments of the 
Citizens of this State Touching such Amendments and 
such mode of obtaining them as shall be to the said 

Citizens 



19 

Citizens most agreeable.— Resolved, that in order to 
effectuate the foregoing Resolutions that a Circular 
Letter be written and signed by the Chairman, and 
Addressed to such Societys in each County as have 
already been formed for Political purposes, and to such 
as shall be formed in any county where none is yet 
formed, or to such persons as shall be judged fit, re- 
questing that measures be Taken to call a meeting of 
Delegates from Each Township within the respective 
Counties, to meet as soon as conveniently may be and 
take into consideration the necessity and propriety of 
Amending the Constitution of the United States, and 
for that purpose to Appoint Delegates to meet in a 
General Conference of the State at Harrisburgh on the 
Third Day of September, 1788— then and there to 
Consider and Devise a plan the most Likely to Suc- 
ceed in Obtaining the desired Amendment— Resolved 
by the meeting, that five members be chosen by the 
County Cumberland, or three out of the five to repre- 
sent said County in the Conference to be held at Har- 
risburgh the 3d Day of Sept 1788— the place and 
time aforesaid. 

B. BLYTH, C. M.t 



+ Addressed and endorsed "John Nicholson, Esquire, Comptroller 
General, Phila."— Letter from Benjamin Blythe, Esqr., C. M., Rec'd 
Aug. 20th, 1788— Answered Aug. 20th." On the blank sheet is writ- 
ten, « Sir, you will be punctual in laying these resolutions before y' 
committee ; if there are any such in the city, and use your endeavors 

The 



20 

The whole tone of these papers shows how far events 
had modified the program of those opposed to the new 
government. But this was even further modified by 
the news that New York had ratified the Constitution, 
which reached Pennsylvania before the towns could act 
on the suggestions of this letter. Of their proceedings 
and action, but one example is left to us, but was pre- 
sumably a fair sample of them all : 

Newtown, August 15, 1788. 
Gentlem.en : The important crisis now approaching 
(confident I am you will think with me) demands the 
most serious attention of every friend of American 
liberty. The Constitution of the United States is now 
adopted by eleven States in the Union, and no doubt 
the other two will follow their example; for however 
just the sentiments of the opposition may be, I do con- 
ceive it would be the height of madness and folly and 
in fact a crime of very detrimental consequence to our 
country, to refuse to acquiesce in a measure received 
in form by so great a majority of our country ; not 
only to ourselves individually, but to the community 
at large — for the worst that we can expect from a bad 
form of government is anarchy and confusion, with all 

that they comply with the same." John Nicholson, Esq^ C. Gen'l. 
From the original Ms. in the possession of Mr. Gordon L. Ford, of 
Lrooklyn, N. Y. 

its 



21 



its common train of grievances — and by an opposition 
in the present situation of affairs we are sure of it. 
On the other hand by a sullen and inactive conduct, it 
will give the promoters and warm advocators of the 
plan an opportunity (if such design they have) to 
shackle us with these manacles, that we fear may be 
formed under color of the law, and we be led to know 
it is constitutional, when it is too late to extricate our- 
selves and posterity from bondage. 

To you it is not worth while to animadvert on the 
plain and pointed tendency the constitution has to this 
effect, and how easily it may be accomplished in 
power under its influence. That virtue is not the 
standard that has principally animated the adoption of 
the constitution in this State, 1 believe, is too true. 
Let us, therefore, as we wish to serve our country, and 
show the world that those only who have wished 
amendments were truly federal, adopt the conduct of 
our fellow-citizens in the back counties. Let us as 
freemen, call a meeting of those citizens who wish for 
amendments, in a committee of the county, delegated 
from each township, for the purpose expressed in 
a copy of the (circular) enclosed. In promoting a 
scheme of this kind, I hope we shall not only have the 
satisfaction of seeing the minds and exertions of all 
who wish for amendments centre in this object, which 
will swallow others more injurious, but we will enjoy 
the supreme felicity of having assisted in snatching 
from slavery a once happy and worthy people. 

I therefore 



22 

T therefore hope you will undertake to call together 
your township, have delegates chosen to represent 
them in a committee to be held in the house of George 
Piper, on Monday, the 2ist inst, at nine o'clock in the 
forenoon, for the purpose of appointing delegates to 
represent them in the State conference, and for giving 
them instructions, etc. 

If you should apprehend the people will not call a 
town-meeting for the purpose, that you will, as we in- 
tend here, write or call upon a few of the most respect- 
able people of your township to attend at the general 
meeting, as they intend to do at Philadelphia, if they 
cannot accomplish their purpose in any other way. 

Your usual public spirit on occasions of this kind, I 
am sure, needs no spur. We shall therefore rest as- 
sured that we will meet a representation of the town- 
ship committed to your charge on the day appointed. 

I am with every sentiment of esteem, 
(Signed.) Yours etc., 

JAMES HANNA. 

To John Vandegrift, Esq., Captain Nathan Vansant, 
and Mr. Jacob Vandegrift. Bensalem.* 



Bucks County, State of Pennsylvania, August 25, iy88. 
The ratification of the federal constitution and its 
expected operation, forming a new aera in the Amer- 
ican world, and giving cause of hope to some and fear 

* From Pennsylvania and the Federal Constitution, p. 553. 

to 



23 



to others ; it has been thought proper that the freemen 
of the State, or delegates chosen by them, should meet 
together and deliberate on the subject. Accordingly 
it has been proposed, that a meeting of deputies from 
the different counties be held at Harrisburg the 3d day 
of September next. A circular letter bearing the 
above proposition was sent to this county, and in pur- 
suance thereof, there met this day at Piper's tavern, in 
Bedminster township, the following gentlemen from 
the townships annexed to their names respectively: 



Newtown^ 
Warwick^ 



Newbriiain, 
Bedminster, 

Haycocky 

Rockhill, 
Millford, 



James Hanna, Esquire. 
John Crawford, 
Hugh Ramsay, 
Capt. William Walker, 
Benjamin Snodgrass, 
Samuel Flack. 
James Snodgrass, 
Thomas Stewart, 
David Thomas. 
Jacob Utt, 
Alexander Hughes, 
George Piper, 
Daniel Soliday. 
Capt. Manus Yost, 
John Keller. 
Samuel Smith, Esquire. 
Henry Blilaz, 
Henry Hoover. 

Sprmgfield, 



24 



Springfield, 

Durham, 

Tiiniciim, 



Nockamixon, 

Richland, 
Plumstead, 



Warrington, 

Buckingham, 

Solesbtiry, 

Hilltoum. 



Colonel John Smith, 
Charles Fleming. 
Richard Backhouse, Esquire. 
John Thompson, 
Jacob Weaver, 
George Bennet. 
Samuel Willson, 
George Vogle. 
Benjamin Seagle. 
Thomas Wright, 
Thomas Gibson, 
James Ruckman, 
Major John Shaw, 
James Farres, 
Thomas Henry, 
Moses Kelly, 
Henry Geddis. 
Rev. Nathaniel Erwin, 
Captain William Walker. 
Captain Samuel Smith. 
Henry Seabring. 
Joseph Grier. 



Samuel Smith, Esq., chosen Chairman, and James 
Hanna, Esq., Secretary. After some time spent in 
discussing the business of the meeting, Resolved, that 
the Reverend Nathaniel Erwin, Richard Backhouse, 
Samuel Smith, John Crawford, and James Hanna, 
Esquires, be a committee to draw resolves expressive 

of 



25 

of the sense of this meeting on the subject before 
them. 

In a short time thereafter the following were pre- 
sented by the gentlemen appointed, and unanimously 
approved : 

Resolved i. That it is the opinion of this meeting 
that the plan of government for the United States, 
formed by the general convention, having been adopted 
by eleven of the States, ought in conformity to the re- 
solves of said convention, to come into operation, and 
have force until altered in a constitutional way. 

2. That as we mean to act the part of peaceable cit- 
izens ourselves, so we will support the said plan of 
government and those who act under it, against all 
illegal violence. 

3. That the said plan of government will admit of 
very considerable amendments, which ought to be 
made in the mode pointed out in the constitution 
itself. 

4. That as few governments once established have 
ever been altered in favor of liberty, without confusion 
and bloodshed, the requisite amendments in said con- 
stitution ought to be attempted as soon as possible. 

5. That we will use our utmost endeavours in a 
pacific way to procure such alterations in the fed- 
eral constitution as may be necessary to secure the 
rights and liberties of ourselves and posterity. 

6. That we approve of a state meeting being held at 
Harrisburg the third day of September next, on the 
subject of the above resolves. 

7. That 



26 

J. That four persons ought to be delegated from 
this county to attend said meeting, and join with the 
deputies from other counties who may meet with them 
(in a recommendation to the citizens of this state) of a 
suitable set of men to represent them in the new Con- 
gress, and generally to acquiesce and assist in the pro- 
motion of such plan or plans as may be designed by 
the said state conferrees for the purpose of obtaining 
the necessary amendments of said constitution, as far 
as is consistent with our views, expressed in the fore- 
going resolves. 

Agreeably to the resolve last past, the Reverend 
Nathaniel Erwin, Richard Backhouse, John Crawford, 
and James Hanna, esquires, or any two of them, were 
appointed to represent us in said conference to be held 
at Harrisburg. 

Resolved, That James Hanna, Esquire, be requested 
to hand the foregoing proceedings to the Press for 
publication 

SAMUEL SMITH, Chairman.* 

But if a moderate tone was assumed in public 
towards the new government, the extremists were still 
not entirely without hope that the coming convention 
might refuse to " acquiesce in its organization in this 
State." Foremost among these was Albert Gallatin, 
then under thirty years of age, and, presumably elected 

* Independent Gazetteer, Sept. 3, 1788, VII. No 851. 

to 



27 

to represent the county of Fayette, — one of those which 
so feared the future action of Congress on the Missis- 
sippi question that they were "disposed to cast in their 
lot " with the inhabitants of the future states of Ken- 
tucky and Tennessee, which were now loudly talking 
of independence. He brought with him to the conven- 
tion, or wrote after his arrival, a series of resolutions 
which are of the utmost value, in the dearth of material 
on this convention, as showing with what feelings indi- 
vidual members viewed the proposed meeting, and 
what their intentions were before, or shortly after 
their arrival: 

. . . We, &c., . . . are united in opinion that 
a federal government is the only one that can pre- 
serve the liberties and secure the happiness of the in- 
habitants of such an extensive empire as the United 
States; and experience having taught us that the ties 
of our Union, under the Articles of Confederation, 
were so weak as to deprive us of some of the greatest 
advantages we had a right to expect from such a 
government, therefore are fully convinced that a more 
efficient one is absolutely necessary. But at the same 
time we must declare that although the constitution 
proposed for the United States is likely to obviate 
most of the inconveniences we labored under, yet 
several parts of it appear so exceptionable to us that 
nothing but the fullest confidence of obtaining a 

revision 



28 

revision of them by a general convention and our 
reluctance to enter into any dangerous measures 
could prevail on us to acquiesce in its organization in 
this State. We are sensible that a large number of 
the citizens, both in this and other States, who gave 
their assent to its being carried in execution previous 
to any amendments, were actuated more by the fear 
of the dangers that might arise from any delays than 
by a conviction of its being perfect. We therefore are 
convinced that they now will concur with us in pursu- 
ing every peaceable method of obtaining a speedy re- 
vision of the Constitution in the mode pointed out by 
the same, and when we reflect on the present situation 
of the Union we can entertain no doubt that motives 
of conciliation and the dictates of policy and prudence 
will conspire to induce every man of true federal prin- 
ciples to give his support to a measure not only cal- 
culated to recommend the new constitution to the 
approbation and support of a numerous class of 
American citizens, but even necessary to prevent the 
total defection of some members of the Union. 
Strongly impressed with these sentiments, we have 
resolved as follows : 

1. Resolved, That in order to prevent a dissolution 
of the Union and to secure our liberties and those of 
our posterity, it is necessary that a revision of the 
Federal Constitution be obtained in the most speedy 
manner. 

2. That the safest manner to obtain such a revision 

will 



2.9 

will be in conformity to the request of the State of 
New York, to use our endeavors to have a federal 
convention called as soon as possible. 

3. That in order that the friends to amendments of 
the Federal Constitution who are inhabitants of this 
State may act in concert, it is necessary, and it is 
hereby recommended to the several counties in the 
State, to appoint committees who may correspond, one 
with the other, and with such similar committees as 
may be formed in other States. 

4. That the friends to amendments of the Federal 
Constitution in the several States be invited to meet in 
a general Conference to be held at , on , and that 
members be elected by this conference, who or any 
of them shall meet at said place and time, in order to 
devise, in concert with such other delegates from the 
several States as may come under similar appoint- 
ments, on such amendments to the Federal Constitu- 
tion as to them may seem most necessary, and on the 
most likely way to carry them into effect.* 

Of the proceedings of the Convention, nothing is 
known except what they chose to print in the newspa- 
pers. But the time had passed when even Gallatin's 
resolutions could obtain acceptance. " Recommenda- 
tion " and " petition," not " decision " and " action," 

* Henry Adams' Writings of Albert Gallatin, I, I. They are also 
printed without the very important preamble in Pennsylvania and the 
Federal Constitution. 

were 



30 

were the only methods left them, and their proceedings 
read so tamely as to induce all former historians to 
pass them over in a mere paragraph : — 

HarrisburgJi, Dmiphin County, 
State of Pennsylvania, 
September ^d, iy88. 
Agreeably to a circular letter which originated in 
the county of Cumberland, inviting to a conference 
such of the citizens of this State, who conceive that a 
revision of the federal system, lately proposed for the 
government of these United States, is necessary ; a 
number of gentlemen from the city of Philadelphia 
and the counties of Philadelphia, Bucks, Chester, Lan- 
caster, Cumberland, Berks, Northumberland, Bedford, 
Fayette, Washington, Franklin, Dauphin and Hunt- 
ingdon, assembled at this place for the said purpose, 
viz. 

Hon. George Bryan, Esq., William Petriken, 

Charles Pettit, Jonathan Hoge, 

Blair M'Clenachan, John Bishop, 

Richard Backhouse, Daniel Montgomery, 

James Hanna, John Lytle, 

Joseph Gardner, John Dickey, 

James Mercer, Honorable John Smiley, 

Benjamin Blyth, Albert Gallatin, . 

Robert Whitehill, James Marshall, 

John Jordan, Benjamin Elliott, 

William 



31 

William Sterrett, Richard Baird, 

William Rodgers, James Crooks, 

Adam Orth, John A. Hanna, 

John Rodgers, Daniel Bradley, 

Thomas Murray, Robert Smith, 

Robert M'Kean, James Anderson, 
John Kean, 

Blair M'Clenachan,* Esq., was unanimously elected 
Chairman, and John A. Hanna, Esq., Secretary. 

After free discussion and mature deliberation had 
upon the subject before them, the following resolutions 
and propositions were adopted : 

The ratification of the Federal Constitution having 
formed a new era in the American world, highly in- 
teresting to all the citizens of the United States, it is 
not less the duty than the privilege of every citizen, to 
examine with attention the principles and probable 
effects of a system, on which the happiness or misery 
of the present as well as future generations, so much 
depend. In the course of such examination many 
of the good citizens of the State of Pennsylvania have 
found their apprehensions excited that the constitu- 
tion in its present form contains in it some principles 
which may be perverted to purposes injurious to the 
rights of free citizens, and some ambiguities which may 
probably lead to contentions incompatible with order 

* In A. Boyd Hamilton's Harrisburg Conference it is stated that 
" the first proposition was to make Bryan the presiding officer." 

and 



32 

and good government : in order to remedy these in- 
conveniences, and to avert the apprehended dangers, 
it has been thought expedient that delegates, chosen 
by those who wish for early amendments in the said 
Constitution, should meet together for the purpose of 
deliberating on the subject, and uniting in some con- 
stitutional plan for obtaining the amendments which 
they may deem necessary. 

We the conferees assembled, for the purpose afore- 
said, agree in opinion : 

That a federal government only can preserve the 
liberties and secure the happiness of the inhabitants of 
a country so extensive as these United States ; and 
experience having taught us that the ties of our union, 
under the articles of confederation, were so weak as to 
deprive us of some of the greatest advantges we had a 
right to expect from it. We are fully convinced that a 
more efficient government is indispensably necessary; 
but although the Constitution proposed for the United 
States is likely to obviate most of the inconveniences 
we labored under ; yet several parts of it appear so 
exceptionable to us, that we are clearly of opinion con- 
siderable amendments are essentially necessary : In full 
confidence, however, of obtaining a revision of such 
exceptionable parts by a General Convention, and from 
a desire to harmonize with our fellow citizens, we are 
induced to acquiesce in the organization of the said 
Constitution. 

We are sensible that a large number of the citizens 

both 



33 

both in this and the other States, who gave their assent 
to its being carried into execution, previous to any 
amendments, were actuated more by the fear of the 
dangers that might arise from delays, than by a con- 
viction of its being perfect ; we therefore hope they 
will concur with us in pursuing every peaceable 
method of obtaining a speedy revision of the Constitu- 
tion in the mode therein provided; and when we reflect 
on the present circumstances of the union, we can en- 
tertain no doubt that motives of conciliation, and the 
dictates of policy and prudence, will conspire to induce 
every man of true federal principles, to give his sup- 
port to a measure which is not only calculated to re- 
commend the new Constitution to the approbation and 
support of every class of citizens, but even necessary 
to prevent the total defection of some members of the 
union. 

Strongly impressed with these sentiments, we have 
agreed to the following resolutions : 

1. Resolved, That it be recommended to the people 
of this State to acquiesce in the organization of the said 
government ; but although we thus accord in its organ- 
ization, we by no means lose sight of the grand object 
of obtaining very considerable amendments and alter- 
ations, which we consider essential to preserve the 
peace and harmony of the union, and those invaluable 
privileges for which so much blood and treasure have 
been recently expended. 

2. Resolved, That it is necessary to obtain a speedy 
revision of said Constitution by a general convention. 

3. Resolved, 



34 

3- Resolved, That in order to effect this desirable 
end, a petition be presented to the Legislature of this 
State, requesting that honorable body to take the ear- 
liest opportunity to make application for that purpose 
to the new Congress. 

The petition proposed is as follows : 

To the Honorable the Representatives of the Freemen 

of the Commonwealth of Pennsylvania, in General 

Assembly met. 

The Petition and Representation of the Subscribers, 
Humbly Shew, 

That your petitioners possess sentiments completely 
federal : being convinced that a confederacy of repub- 
lican States, and no other, can secure political liberty, 
happiness and safety throughout a territory so extended 
as the United States of America. They are well ap- 
prised of the necessity of devolving extensive powers 
to Congress, and of vesting the Supreme Legislature 
with every power and resource of a general nature ; 
and consequently they acquiesce in the general system 
of government framed by the late federal convention ; 
in full confidence, however, that the same will be re- 
vised without delay: For however worthy of approba- 
tion the general principles and outlines of the said 
system may be, your petitioners conceive that amend- 
ments in some parts of the plan are essential, not only 
to the preservation of such rights and privileges as 
ought to be reserved in the respective states, and in 

the 



35 

the citizens thereof, but to the fair and unembarassed 
operation of the government in its various depart- 
ments. And as provision is made in the cojistitution 
itself for the making; of such amendments as may be 
deemed necessary ; and your petitioners are desirous 
of obtaining the amendments which occur to them as 
more immediately desirable and necessary, in the 
mode admitted by such provision. 

They pray that your honorable House, as the Rep- 
resentatives of the people in this Commonwealth, will, 
in the course of your present session, take such 
measures as you in your wisdom shall deem most 
effectual and proper to obtain a revision and amend- 
ment of the constitution of the United States, in such 
parts and in such manner as have been or shall be 
pointed out by the conventions or assemblies of the 
respective states ; and that such revision be by a 
general convention of representatives from the several 
states in the Union. 

Your petitioners consider the amendments pointed 
out in the propositions hereto subjoined as essentially 
necessary, and as such they suggest them to your 
notice, submitting to your wisdom the order in which 
they shall be presented to the consideration of the 
United States. 

The Amendments proposed are as follow, — viz. 

I. That Congress shall not exercise any power 
whatsoever, but such as are expressly given to that 
body by the constitution of the United States; nor 

shall 



36 

shall any authority, power or jurisdiction, be assumed 
or exercised by the executive or judiciary departments 
of the union under colour or pretence of construction 
or fiction : But all the rights of sovereignty, which 
are not by the said constitution expressly and plainly 
vested in the Congress, shall be "deemed to remain 
with, and shall be exercised by the several states in 
union according to their respective constitutions: 
And that every reserve of the rights of individuals, 
made by the several constitutions of the states in 
union to the citizens and inhabitants of each state 
respectively, shall remain inviolate, except so far as 
they are expressly and manifestly yielded or narrowed 
by the national constitution. 

Article I. Section 2. Paragraph 3. 

II. That the number of representatives be for the 
present, one for every twenty thousand inhabitants 
according to the present estimated numbers in the 
several states, and continue in that proportion until 
the whole number of representatives shall amount to 
two hundred ; and then to be so proportioned and 
modified as not to exceed that number till the pro- 
portion of one representative for every thirty thousand 
inhabitants, shall amount to the said number of two 
hundred. 

Section 3. 

III. That senators, though chosen for six years, 
shall be liable to be recalled, or superseded by other 

appointments, 



37 

appointments, by the respective Legislatures of the 
states at any time. 

Section 4. 

IV. The Congress shall not have power to make or 
alter regulations concerning the time, place and man- 
ner of electing senators and representatives, except in 
case of neglect or refusal by the state to make regu- 
lations for the purpose: and then only for such time 
as such neglect or refusal shall continue. 

Section 8. 

V. That when Congress shall require supplies, 
which are to be raised by direct taxes, they shall 
demand from the several states their respective quotas 
thereof, giving a reasonable time to each state to pro- 
cure and pay the same; and if any state shall refuse, 
neglect or omit to raise and pay the same within such 
limited time, then Congress shall have power to assess, 
levy and collect the quota of such state, together with 
interest for the same from the time of such delin- 
quency, upon the inhabitants and estates therein, in 
such manner as they shall by law direct, provided that 
no poll-tax be imposed. 

Section 8. 

VI. That no standing army of regular troops shall 
be raised or kept up in time of peace, without the con- 
sent of two-thirds of both Houses in Congress. 

Section 8. 

VII. That the clause respecting the exclusive legis- 

lation 



38 

lation over a district not exceeding ten miles square 
be qualified by a proviso that such right of legislation 
extend only to such regulations as respect the police 
and good order thereof. 

Article i. Section 8. 

VIII. That each State respectively shall have power 
to provide for organizing, arming and disciplining the 
militia thereof, whensoever Congress shall omit or 
neglect to provide for the same. That the militia 
shall not be subject to martial law, but whep in actual 
service in time of war, invasion or rebellion; and when 
not in the actual service of the United States, shall be 
subject to such fines, penalties, and punishments only, 
as shall be directed or inflicted by the laws of its own 
state : nor shall the militia of any state be continued 
in actual service longer than two months under any 
call of Congress, without the consent of the Legislature 
of such state, or, in their recess, the Executive Au- 
thority thereof 

Section 9. 

IX. That the clause respecting vessels bound to or 
from any one of the states, be explained. 

Article 3. Section i. 

X. That Congress establish no court other than the 
supreme court, except such as shall be necessary for 
determining causes of admiralty jurisdiction. 

Section 2. Paragraph 2. 

XI. That a proviso be added at the end of the 

second 



39 

second clause of the second section of the third article, 
to the following effect, viz. Provided, That such ap- 
pellate jurisdiction, in all cases of common law cog- 
nizance, be by Writ of Error, and confined to Matters 
of Law only ; and that no such writ of error shall be 
admitted except in revenue cases, unless the matter in 
controversy exceed the value of three thousand dollars. 
Article 6. Paragraph 2. 

XII. That to article 6, clause 2, be added the fol- 
lowing proviso, viz. Provided always. That no treaty 
which shall hereafter be made, shall be deemed or 
construed to alter or affect any law of the United 
States, or any particular state, until such treaty shall 
have been laid before and assented to by the House of 
Representatives in Congress. 

Resolved, That the foregoing proceedings be com- 
mitted to the Chairman for publication. 

BLAIR M'CLENACHAN, Chairman 

Attest. JOHN A. HANNA, Secretary.* 

That this convention, gathered from the long dis- 
tances and over the bad roads traveled by the mem- 
bers, only to prepare a Petition that they never even 
presented to the Assembly ,t or to only sound an echo 
to the recommendations of the convention of New 
York, is hardly to be believed. After the danger was 

*From The Independent Gazetteer, Sept. 15, 1788, VIII, No. 861. 
f In neither the proceedings of the Pennsylvania Assembly or Coun- 
cil is there the slightest reference to this petition. 

over, 



40 

over, the Federalists spoke of it as " the smugghng 
business which took place at Harrisburg with the os- 
tensible purpose of procuring amendments to the con- 
stitution, but in fact to form a ticket for representatives 
to Congress," * but they dared no such sneer before 
the convention had separated. For what it gathered 
I have endeavored to show. " The meeting at Harris- 
burg is represented by its friends as having been con- 
ducted with much harmony and moderation," wrote 
Madison, f But for the bad roads and snows of that 
winter of 1787-88, could this have been written? All 
who have studied our constitutional history during 
this period must realize by what light balances the 
deciding states were induced to ratify, and what violent 
resistance to the new government in Pennsylvania 
would have involved. That we escaped such a danger 
is due to neither the moderation of the majority or 
minority of that State. But compromise, both before 
and after the organization of the government, over- 
came the dangerous hostility to it in other States, and 
by reflex action the opposition in Pennsylvania was 
disarmed, and she remained the keystone State of our 
national arch. 

* Federalist Circular, Nov., 1788, as quoted in A. Boyd Hamilton's 
Harrisburg Conference. 
f Writings, 1,417. 



LB JL '08 



